Case law

State of West Virginia v. J.C.

241 W. Va. 712 · West Virginia Supreme Court · May 17, 2019

We have found only one mental health statute that clearly addresses juveniles: West Virginia Code § 27-6A-9 (2007) (Section 9). … Moreover, neither Section 2, Section 4, nor Section 9 establish what a court is to do when an evaluation reveals a juvenile is incompetent.

In re C.G.-1

West Virginia Supreme Court · Sep 13, 2019

These findings shall not be set aside by a reviewing court unless clearly erroneous. … However, in his brief on appeal, petitioner does not indicate where in the record he established any substantial change in his circumstances.

State of West Virginia v. Benjamin R. Taylor

West Virginia Supreme Court · Jan 18, 2023

two-thousand pages of the appendix record on appeal is, of course, an egregious affront to Rule 10(c)(7) of the West Virginia Rules of Appellate Procedure, which requires that [t]he brief must contain an argument clearly … It denied the State’s motion to suppress the evidence but qualified that “in the event such evidence is introduced, the State may motion the [c]ourt to be permitted to introduce evidence of the previously agreed-to suppressed

State ex rel. Hawkins v. Tyler County Board of Education

166 W. Va. 363 · West Virginia Supreme Court · Dec 19, 1980

Such duties commonly are within the expertise of the teacher and are such that the teacher is qualified to direct them. … The contract should, however, contain a provision establishing any specific conditions upon which the teacher’s employment is premised.

Parks v. BD. OF REVIEW OF W. VA. DES

188 W. Va. 447 · West Virginia Supreme Court · Dec 11, 1992

Despite its authority to establish procedural regulations, 7 the Board has not seen fit to promulgate such regulations with regard to telephonic appeal hearings. … Any individual party to an appeal, or the duly qualified attorney-at-law representing any party, individual or corporate, may cross-examine adverse parties and witnesses for adverse parties.

State v. Ladd

210 W. Va. 413 · West Virginia Supreme Court · Dec 11, 2001

The burden is squarely upon the prosecution to establish the challenged evidence is so trustworthy that adversarial testing would add little to its reliability. … The introduction of Mitchell’s out-of-court statement clearly violated the defendant’s right to confront witnesses against her.

In re G.P. III, J.P., and V.M.

West Virginia Supreme Court · May 2, 2023

Based on the evidence presented, the circuit court denied petitioner’s motion for a post- adjudicatory improvement period, finding that petitioner did not qualify for an improvement period as she failed to meet the threshold … This premature disposition of the case was clearly error because the circuit court failed to follow the process established for the orderly conduct of abuse and neglect proceedings.

In Re: P.K.-1 and P.K.-2

West Virginia Supreme Court · Nov 22, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Petitioner admits that the therapist was properly qualified as an expert, but he claims that the circuit court credited her testimony “as if she conducted forensic therapy.”

Ellis v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Jan 25, 2024

It also argues that it is entitled to qualified immunity to the extent the Plaintiff is asserting that it was negligent in supervising Sgt. Coleman. The Plaintiff did not respond to the motion. … The West Virginia Supreme Court of Appeals has established that the State of West Virginia and its agencies are immune from vicarious liability for torts committed by officials or employees “determined to have been acting

Thompson v. Curry

79 W. Va. 771 · West Virginia Supreme Court · Mar 6, 1917

That relation, its burdens and immunities are the same in all jurisdictions wherein the uniform negotiable instruments act has been enacted and now is in force. … plaintiff, that, although Granville Curry and Johnson were indorsers entitled to notice of dishonor, they were nevertheless bound because before and after the maturity of the note they waived these requirements; and to establish

State v. Schermerhorn

211 W. Va. 376 · West Virginia Supreme Court · Jun 13, 2002

After additional questioning by the court, however, she qualified her answer. … The trial court, in essence, permitted the State to do indirectly that which it prohibited it from doing directly — establishing a foundation for the admissibility of and getting into evidence, the Intoxilyzer results.

Lipscomb v. Bowen

750 F. Supp. 197 · District Court, S.D. West Virginia · Jun 28, 1989

It has a meaning which has been established by the GAB in other proceedings and by the Regulation in question. … Thus, it is perplexing to this Court that the Board in its draft decision relied upon such restrictions to find that the funds do not qualify as the State’s share.

In Re: Hillcrest Memorial Gardens

146 W. Va. 337 · West Virginia Supreme Court · May 16, 1961

Certain well-established legal principles are available to guide us in interpreting the constitutional and statutory language dealing with the question herein presented. … “It is a rule so well established as to need no citation of authority, that *343 it is encumbent upon the person who claims Ms property as exempt from taxation to show that the use of that property clearly falls within the

In re J.C.

West Virginia Supreme Court · Oct 1, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … It is well established that 3 The mother’s parental rights were also terminated below.

White v. Williams, Superintendent

West Virginia Supreme Court · May 20, 2021

attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified … Because the statement was a correct statement of the law and did not clearly prejudice petitioner or result in manifest injustice pursuant to Sugg, petitioner cannot establish that the circuit court erred in denying his petition

Glascock v. City Nat. Bank of West Virginia

213 W. Va. 61 · West Virginia Supreme Court · Dec 9, 2002

Akens, but established in its opinion the possibility of recovery in other cases where a plaintiff and defendant have a closer nexus. … We hasten to point out that a lender can always (as the bank in this case could have done) immunize itself from a suit such as this by simply making a copy of the information it has and mailing it to the borrower.

State v. Berrill

196 W. Va. 578 · West Virginia Supreme Court · Jun 14, 1996

Indeed, the record clearly demonstrates that his intended message was completely misunderstood. Mr. … We find, therefore, that the errors confessed by the State are clearly established by the law and the facts of this case.

Bade v. Feay

63 W. Va. 166 · West Virginia Supreme Court · Nov 26, 1907

The evidence wholly fails to establish mental incompetency. Mrs? … Thornburg signed the note, reciting a valuable consideration, is clearly established, and her solemn act, consistent with circumstances which may well be supposed to have lead to the result, cannot be overthrown by [alleged

Bishop Coal Co. v. Salyers

181 W. Va. 71 · West Virginia Supreme Court · May 16, 1989

Moorefield, all qualified scoop operators, who testified that it had taken them months to learn how properly to operate a scoop. On surrebuttal, Mr. … The procedure in this regard is established by W.Va. Const., art.

Kimball v. Loughney

70 W. Va. 765 · West Virginia Supreme Court · Apr 23, 1912

Millee, Judge: The alternative writ of mandamus awarded petitioners, citizens, taxpayers, and qualified voters of the City of Sistersville, and nominees of the Citizens Party, respectively, for mayor, clerk and treasurer, … “The courts should sustain legislative action when not clearly satisfied of its invalidity; and unless it clearly appears that it is eontrariant to the constitution then there is reasonable doubt of its invalidity, and it